# Tex. Occupations Code § 351.053: MEMBERSHIP AND EMPLOYEE RESTRICTIONS; CONFLICTS OF INTEREST

> Texas · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_TX_Coc_C351_S351.053

## Section

- **Citation:** Tex. Occupations Code § 351.053
- **Heading:** MEMBERSHIP AND EMPLOYEE RESTRICTIONS; CONFLICTS OF INTEREST
- **Jurisdiction:** Texas
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** TX Code / Code oc / Chapter 351 / Section 351.053

## Text

(a) A member or employee of the board may not:

(1) be a member of the faculty of a college of optometry or an agent, paid consultant, officer, or employee of a wholesale optical company;

(2) have a financial interest in a college of optometry or wholesale optical company;

(3) be an officer, employee, or paid consultant of a trade association in the field of health care; or

(4) be related within the second degree by affinity or consanguinity, as determined under Chapter 573, Government Code, to a person who is an officer, employee, or paid consultant of a trade association in the field of health care.

(b) A person may not serve as a member of the board or act as the general counsel to the board if the person is required to register as a lobbyist under Chapter 305, Government Code, because of the person's activities for compensation on behalf of a profession related to the operation of the board.

(c) A person may not be a member of the board and may not be a board employee employed in a "bona fide executive, administrative, or professional capacity," as that phrase is used for purposes of establishing an exemption to the overtime provisions of the federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.) if:

(1) the person is an officer, employee, or paid consultant of a Texas trade association in the field of health care; or

(2) the person's spouse is an officer, manager, or paid consultant of a Texas trade association in the field of health care.

(d) In this section, "Texas trade association" means a cooperative and voluntarily joined statewide association of business or professional competitors in this state designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting their common interest.

## Nearby sections

- [Tex. Occupations Code § 351.001 § 351.001. SHORT TITLE.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Coc_C351_S351.001.md)
- [Tex. Occupations Code § 351.002 § 351.002. DEFINITIONS.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Coc_C351_S351.002.md)
- [Tex. Occupations Code § 351.003 § 351.003. REFERENCE IN OTHER LAW.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Coc_C351_S351.003.md)
- [Tex. Occupations Code § 351.004 § 351.004. SUNSET PROVISION.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Coc_C351_S351.004.md)
- [Tex. Occupations Code § 351.005 § 351.005. APPLICATION OF CHAPTER; EXEMPTIONS.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Coc_C351_S351.005.md)
- [Tex. Occupations Code § 351.051 § 351.051. TEXAS OPTOMETRY BOARD; MEMBERSHIP.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Coc_C351_S351.051.md)
- [Tex. Occupations Code § 351.052 § 351.052. MEMBERSHIP ELIGIBILITY.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Coc_C351_S351.052.md)
- [Tex. Occupations Code § 351.053 § 351.053. MEMBERSHIP AND EMPLOYEE RESTRICTIONS; CONFLICTS OF INTEREST.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Coc_C351_S351.053.md)
- [Tex. Occupations Code § 351.054 § 351.054. TERMS.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Coc_C351_S351.054.md)
- [Tex. Occupations Code § 351.055 § 351.055. OFFICERS.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Coc_C351_S351.055.md)
- [Tex. Occupations Code § 351.056 § 351.056. GROUNDS FOR REMOVAL.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Coc_C351_S351.056.md)
- [Tex. Occupations Code § 351.057 § 351.057. PER DIEM; REIMBURSEMENT.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Coc_C351_S351.057.md)
- [Tex. Occupations Code § 351.058 § 351.058. MEETINGS.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Coc_C351_S351.058.md)
- [Tex. Occupations Code § 351.059 § 351.059. TRAINING.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Coc_C351_S351.059.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_TX_Coc_C351_S351.053. Check the current official text before relying on it. Not legal advice.